Pre-Trial Statement

# Pre-Trial Statement / Report

Draft a court-compliant pre-trial statement that narrows issues and provides the trial roadmap.

## Quick Start

Gather before drafting:

1. **Local rules / judge order** — controls required sections and format.
2. **Case posture** — claims, defenses, key rulings.
3. **Stipulated facts** — agreed wording from opposing counsel (if joint).
4. **Contested issues** — law and fact, aligned to trial themes.
5. **Witness disclosures** and expert reports.
6. **Exhibit inventory** — Bates numbers, exhibit IDs.
7. **Trial management inputs** — length, jury/bench, motions in limine status.

## Document Structure

1. Caption + Title
2. Introductory paragraph (filing type, governing order)
3. Stipulated Facts
4. Contested Issues of Law
5. Contested Issues of Fact
6. Witness List
7. Exhibit List
8. Procedural / Trial Management Matters
9. Signature block(s) per local rule

## Section Details

### Stipulated Facts

One fact per number; use verbatim agreed wording. Non-argumentative only.

| No. | Stipulated Fact (verbatim) | Source / Record Cite | Notes |
|---|---|---|---|

### Contested Issues of Law

Frame each as a discrete question the court must decide.

| No. | Legal Issue (question) | Authority | Impact on Trial |
|---|---|---|---|

Phrasing patterns:
- "Whether [legal standard] applies to [claim/defense] where [key fact]…"
- "Whether [doctrine] bars [claim] given [contract/statute]…"

### Contested Issues of Fact

State neutrally at meaningful granularity.

| No. | Factual Issue (neutral) | Key Evidence Sources | Notes |
|---|---|---|---|

Phrasing patterns:
- "Whether [party] represented [fact] on [date]."
- "Whether [event] caused [harm/damages]."

### Witness List

Only properly disclosed witnesses; flag proposed additions.

| Order | Witness Name | Type (Fact/Expert) | City/State | Subject of Testimony | Disclosure / Report |
|---|---|---|---|---|---|

### Exhibit List

Follow local numbering convention and joint numbering rules.

| Exh No. | Description | Bates / ID | Offered By | Objection / Stipulation |
|---|---|---|---|---|

### Procedural / Trial Management Matters

Include only items required by local rule or judge order:

- Trial type (jury/bench) and estimated length
- Damages categories and amounts (if required)
- Motions in limine list and status
- Deposition designations and counter-designations
- Technology / courtroom needs
- Proposed jury instructions or verdict form issues (if required)
- Bifurcation / sequencing proposals
- ADR history or settlement status (if allowed by rule)

### Signature Block

Include counsel signatures per local rule. If joint, include all parties.

## Pitfalls & Checks

- Local rules and judge orders are controlling authority — verify required sections and format before drafting.
- Never concede contested elements in stipulated facts or issue framing.
- Stipulated facts must be purely factual, actually agreed, and non-argumentative.
- Align issues with claims/defenses and anticipated jury instructions.
- Verify every witness and exhibit is properly disclosed; flag gaps.
- Maintain consistent numbering and labels throughout.
- Confirm page limits, font, spacing, and header/footer requirements.
- Flag missing inputs or unresolved joint wording for attorney review.

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